Covid-19 Archives - Barnard Incorporated

Even as commercial and retail vacancies remain high, landlords are advised to maintain tight control on lease agreement terms.

23rd Jun 2022
Posted by: Barnard Inc
Categories: Barnard Briefs, Latest News, Property

Landlords, particularly mall landlords, will likely be exasperated by the increase in vacant retail space in the 2022 financial year. There is an oversupply of office and retail space, matched to low demand – due in part to the work-from-home policies big companies implemented during the Covid-19 pandemic, alongside with liquidations, evictions and cancellation of commercial lease agreements due to non-paying tenants. Proactively, large property groups such as Growthpoint and Attacq are renegotiating the terms of their lease agreements, such as the monthly rent, and renewal periods. In some instances, tenants have received up to a 20% rent reduction for premises in underperforming shopping malls. In the past a commercial lease would have been entered into for an average period of 5 years however, at this point in time, the lease periods have decreased to an average period of around 3 years. The pendulum has undoubtedly swung in favour of tenants for the time being. The impact of vacant retail space will force landlords think twice before cancelling a Lease Agreement and instituting ejectment proceedings against non-paying tenants, this will only create a snowball effect, out of experience tenants hardly ever catch up with outstanding rent. In the past where Landlords would have instituted legal proceedings the moment a tenant falls behind with rent, some are now more lenient and will wait a few months before instituting legal proceedings – an approach that sets a dangerous precedent. As desperate as Landlords may be, they should always act immediately with a demand, as prescribed by their respective lease agreements, the moment a tenant falls behind with their rent. Alternatively, it is important for both Landlords and tenants to meet each other halfway by negotiating rental relief. Even then, it is advisable that Landlords consider granting rental relief for tenants (upon request), when the tenant is at that stage up to date with their rent and isn’t already in default for a period of 12 months prior to the rental reduction request.

The Pretoria High Court has declared that Section 7(3)(a) of the Divorce Act is inconsistent with the Constitution and invalid to the extent that it results in unfair discrimination in respect of ‘out of community of property’ marriages.

The great unmasking. South Africa steps boldly into a post-Covid era.

23rd Jun 2022
Posted by: Barnard Inc
Categories: Barnard Briefs, COVID-19, Latest News

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Face Mask and Border Regulations Officially Repealed

The Pretoria High Court has declared that Section 7(3)(a) of the Divorce Act is inconsistent with the Constitution and invalid to the extent that it results in unfair discrimination in respect of ‘out of community of property’ marriages.

Covid-19 state of disaster ended by Government

6th Apr 2022
Posted by: Barnard Inc
Categories: Barnard Briefs, COVID-19, Government Policy, Latest News

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It remains to be seen if the official end to the national disaster will indeed have any significant practical impact on the economy.

Are compulsory licenses an alternative to Covid-19 patent waivers?

24th Mar 2022
Posted by: Barnard Inc
Categories: Barnard Briefs, COVID-19, Intellectual Property, Latest News, Patents

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Should Covid-19 vaccine patent waiver negotiations fail, legislation in South Africa provides for compulsory court-order licenses.

Covid Hair Don’t Care! And other strange pandemic trademarks

16th Nov 2020
Posted by: Barnard Inc
Categories: Intellectual Property, Latest News

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According to the International Trademark Association (INTA), trademark applications comprising the terms “coronavirus,” “COVID-19,” and other associated words have flooded IP offices globally.

Have a ‘Workplace Readiness Playbook’ for your business re-opening

4th Jun 2020
Posted by: Barnard Inc
Categories: Compliance, COVID-19, Latest News, Risk Assessment

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There is a heavy burden on employers to ensure a risk-free return to work for their employees. Associate, Chanique Rautenbach recommends that companies share the burden of compliance with their labour law advisers and then develop a well-defined work readiness playbook before venturing further into the new normal.

Just how secure and legal are electronic signatures?

17th Apr 2020
Posted by: Barnard Inc
Categories: Compliance, Contracts, COVID-19, Latest News

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The pandemic lockdowns have affected the way we do official business. The Electronic Communications and Transactions Act 25 of 2002 (ECTA) provides clarity on the topic of electronic transactions, including electronic signatures.